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Question;Assignment;Read the case and;prepare to research how the judicial panel to conduct a trial and give proper;instructions to the jury.;In the courtroom, the judges;have to hear objections at trial and over rule or sustain them. The judge?s;role is to ensure a smooth efficient and speedy trial without undue delay. The;judges have to keep the attorneys in line and on track.;?Pre-Trial;Conference:All attorneys and the judicial panel will be responsible for;conducting a pre-trial conference, run by the judges, where workload is;equitably divided between the plaintiff and defense teams. You must delegate;the varied responsibilities amongst yourselves, such as writing potential juror;questions, drafting witness examination questions and preparing for trial. It is;your responsibility to allocate the workload in a fair and equitable manner and;submit all documents to the relevant parties by the deadline. In the conference;report, I want to know both sides' position. Plaintiff has to be clear what;their argument is and;Case:Johnson;vs. Coldrock Tireand Rubber Company;In;March 2006,when John Johnson, a mechanic employed byInfiniti of Parkland, attempted tomount a16 inch tire;on a17 inch rim;of anInfinitiG35;wheel, leaning andreaching;overtheassembly;whileinstalling it, the tireexploded, causinghim serious, permanent;injuries. Mr.;Johnson lost;three fingers ofhis right;hand in theaccidentas;well as thevision in his right;eye.;In addition;to his job at the dealership, Mr. Johnson was an aspiringreggae musician whothedayofthe accident had received a multi-million;dollar record contract;offerfrom TinseltownRecords. Mr. Johnson filed suit in Florida's;17th Judicial Circuit Court;against his employer,American Hawk;Company? the manufacturerofthe wheel, Nissan MotorCompany? themanufactureroftheautomobile and designer;ofthe wheeland Coldrock;Tireand Rubber;Company? the manufacturerofthetire.Mr.;Johnson had 10years;of;experienceas a;mechanicand had;received three daysofon-site;training from representatives;of Coldrock.The;dealership,wheel manufacturer;andautomobile manufacturerall settled;leavingColdrockas theremaining;defendant. Thesuit;is scheduled for trial starting April;24, 2014.;At;issuein the caseis thelabeling;on thetire.Thetire had alabel, advising users neverto mounta 16-inch tire;ona17-inch rim, warning;ofthe dangerof severeinjuryordeath, and;included adrawingofamechanic;leaningoverthe;tireto install it with a circle and redline drawn through;it. Whetherthe label wassufficientlyconspicuous, oradequatelydepicted;the;resultingdanger;or risk of injury, remainsan;open issue. In;depositions, Johnson admitted that he;ignored thesewarnings at;theurgingofhis employer;and becauseit was;common practiceto install smallertires;on largerrims oftheInfiniti G35. Duringdiscovery;Johnson's attorneysexplored whyColdrock;did not usea safer"bead"design. Thebead is arubber encased steel;wirewhichcircles the tireand holds;it on to the rim. Each side;has offered upexperts;with Johnson'spointingout that;other manufacturers usedifferentand safer bead designs and Coldrock'sarguingthat the;Coldrockdesignwas the;safest intheindustry;anda different designwould not;have changed theoutcome. Amongthe witnessesdeposed byplaintiff's counsel was RogerColdrock;CEOofthe company.;Plaintiff;is beingrepresented;by;thelaw firm of;Dewey, Cheatum&Howe,LLP, a;specialist inproduct liabilitysuits. The defendant is beingrepresented bytheWall Street;firm of Ben, Jarvis,Green&Ellis,LLP.Theassigned;judgein thecaseis the Hon. Solomon Cardozo Holmes, arecentappointee;bytheRepublicangovernor. Beforehis;appointment, JudgeHolmes was;inprivate;practice with a largeFortLauderdale;firm,his major client was General Motors.;YourTask;You;havebeen assigned to this trial. Actingas the judge.;Roles to choose;from(one only);Plaintiff:JohnJohnson (known;to his friends as"Johnny").Mr.;Johnson will be called as;awitness;by;plaintiff'scounsel and;will be cross-examined bydefendant's counsel.;Plaintiff's;Counsel: As a memberofthe plaintiff'slegal;team,yourjob will;beto preparefor andrepresentyour;client at trial. First,youwill;need to determine what;legal theoriesyou;arerelyingupon as the basis foryour;lawsuit and develop what elements of thesetheoriesyou;will havetoprove.;You will need togatheryour physical evidence, developyourlist;ofwitnesses;and;experts and prepare;fortrial. At;trial,you will first makeyouropeningstatement which outlines;the elements ofyourcaseand;the evidence thatyou;will be presentingin support ofyourposition.;You will then present;your evidencebycalling;and questioningwitnesses and expertswhich;together will proveyour;case.You will also havethe;opportunityto cross examinethedefendant's witnesses and redirectyour;own witness testimonyaftercross examination;by;thedefendant'scounsel.;Finally,you;will concludewithyourclosingargument.;Defendant's;CEO:Roger "Cole"Coldrock, 87, alegend in the industry.His familystarted thebusiness after;World WarII, first;buyingsurplus rubber from;theU.S.;Armyand buildingthecompanyinto a;leaderinthe business. Inrecentyears, Coldrock;has moved much ofitsmanufacturingoverseas to Malaysia and;Thailand,seekinglower;laborcosts and easieraccess;toraw;materials.;Defendant's;Counsel: As a memberofthe defendant's;legal team,yourjobwill be;to prepare forand;representyourclient;at trial. First,you;will need to determinewhat legal theories;plaintiffisrelyinguponas the;basisforits lawsuit and present;proof refutingthose;elements or establishingyourown;defenses (i.e.,what are;the defenses toa;product liabilitycase?).You;will need togatheryour;own physicalevidence, developyourlist of;witnesses and experts and;preparefortrial.At;trial,you will makeyouropening;statement which outlines;yourposition (i.e., whytheplaintiff cannot provehistheoryand/or;presentingyouraffirmativedefenses) and introducetheevidencethatyouwill;be presentingin support ofyourposition. You;will then cross examinethe;plaintiff's witnesses. Afterthe;plaintiff'scounsel rests,you will;presentyourevidence;bycalling and questioning;witnesses and experts which proveyourcase. You will;also havetheopportunityto redirectyour;own witness testimonyaftercross;examination bythe plaintiff'scounsel.Finally;afterthe plaintiff's counsel;makes its closingargument,you;will conclude withyourclosing argument.;Judge;Thejudgeis the;umpire", hewill establish;the ground rules ofthecase(i.e.;thetimetobe allotted to each partyfor;each part ofthecase),he will;decidewhat evidenceis admissible(i.e.;is the evidencerelevant? hearsay?), he willsettleanypoints oflaw argued duringthecaseand;finallywill deliver instructions;to thejury(i.e., deciding what factual;issues thejurymustevaluate;in reachingits legalconclusion).;Witnesses (Hint;Notall witnesses needbe called;- thatis a decision forcounsel);?;John;Johnny"Johnson;?;Roger "Cole"Coldrock;? Mickey Wrenchwell -Amechanicand;oneoftheplaintiff's co-workers.;? Sandra Somerville-Acustomer who witnessed the accident.;?;Dr.;Stanley Goodspeed-A;retiredFord MotorCompanymechanical;engineer andanexpert;in automobilestabilitycontrol;systems whothe plaintiff has hiredas an;expertwitness to testifyas;to the inherent hazard in installinga smaller tireona;larger rim.;?;Dr.;Christina Hernandez-Aformer;mechanicalengineer;and formeremployeeofFirestone;who thedefense has hiredas;its expert witnesses.;Jury:Will listen to all the facts ofthe;trial and deliberatein theconferenceroom off;thecourtroom. Theywill;reach adecision and reportback;to thecourtroom.;Schedule;?;Plaintiff's;Counsel OpeningStatement;-10minutes;?;Defendant's;Counsel OpeningStatement;-10minutes;?;Plaintiff's;Case-20minutes;+ 10minutes for;cross-examination;?;Defendant's;Case-20minutes + 10 minutes for;cross-examination;?;Plaintiff's;Counsel ClosingArgument;-10minutes;?;Defendant's;Counsel ClosingArgument-10minutes;?;JuryInstructions;-5minutes;?;JuryDeliberation;and;Verdict -15minutes;?;Total;Time= 2 hours

 

Paper#58984 | Written in 18-Jul-2015

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